On The Perfection Of Criminal Reconciliation System In China

Criminal reconciliation system is the core of contract spirit,through the offender and the victim of reconciliation,realize the maximization of the litigation efficiency compared with other system in the familiar,the criminal reconciliation system on stop,calm the victim of a crime,resolving social contradictions,restore social order,maintaining social harmony and stability has the positive significance.When the criminal procedure law of China was amended in 2012,public prosecution cases were included in the scope of application of criminal reconciliation,and the criminal reconciliation procedure was added,ending the situation that criminal reconciliation in China can only be operated outside the law.This is on the legislative idea and system construction level of a major breakthrough,also marks the criminal reconciliation system has entered a new phase of Chinese characteristics,the criminal procedure law was revised criminal reconciliation provides legal support,but through for more than six years,it is not difficult to find the criminal reconciliation system in our country there are many problems,especially in the examination and prosecution stage,there are a large number despite the criminal reconciliation procedure phenomenon of hidden criminal reconciliation,it cause apparent boxed effect in the practical level,also caused many adverse effects in the aspect of theory,actual effect and the legislative purpose,ladies Various possibilities of institutional innovation should be explored under the existing framework of existing law.This paper can be divided into five parts: Firstly,the introduction part,which defines the background and significance of the criminal reconciliation system from the perspective of the review and prosecution stage,and determines the research content and research method;The second part elaborates the theoretical basis of the criminal reconciliation system,the structure of China's criminal reconciliation system,and makes clear the value of the existence of the criminal reconciliation system,as well as the significance of the review and prosecution stage;The third part finds out that in the stage of review and prosecution,China's criminal reconciliation system has some shortcomings,such as narrow scope of application,unreasonable power setting for judicial organs,low legal status of reconciliation agreement,lack of voluntary review and victim compensation mechanism,imperfect supervision and evaluation mechanism,and analyzes the reasons.The fourth part reviews the design status of the overseas criminal reconciliation system,and learns from the design methods of other countries to improve China's criminal reconciliation system.In the fifth part,aiming at the problems existing in the criminal conciliation system,it will put some Suggestions on improving the scope of application of the system of criminal conciliation in China,clarifying the status of judicial organs and mediation methods,clarifying the legal effect of the conciliation agreement,improving the voluntary review of the victims,compensation mechanism,and building a joint force and a sound supervision mechanism.